Bill would make child abuse reporting training required

Next month, the state Assembly education committee will begin discussing legislation to require that school employees receive child abuse reporting training every year.

Following two years of reports by this newspaper of various school employees failing to properly report child abuse, Assemblyman Mike Gatto, D-Burbank, introduced Assembly Bill 1432 that would change state law from "strongly encouraging" training to "requiring annual training," including yearly proof of such education.

"This is really an example of stuff that was published really motivating legislation," Gatto said in a phone interview.

Teachers, administrators and all school employees are considered "mandated reporters," required to immediately report any suspected child abuse to police or county Child Protective Services. Failure to do so is a misdemeanor crime.

A MediaNews Group report last year found that fewer than half of 94 Bay Area school districts surveyed trained employees on the identification and reporting of child abuse and neglect, and that training standards varied by district.

"The situation now is a mess. The law is suggestive and not mandatory. Training is done on a school-by-school basis," said Gatto, who called the current training law a "recipe for bad things to happen."

On Feb. 11, he amended his legislation to include requirements that employees must provide proof of training at the start of each school year, and that the state Department of Education would create a training program, including an online module.

A youth law expert called the legislation a "step in the right direction."

"Providing training to school district personnel about their obligation to report suspected child abuse or neglect should be mandatory, not left to the discretion of districts," said Bill Grimm, senior attorney with the National Center for Youth Law in Oakland. But other reasons suspected abuse is not reported -- including the culture within some districts to deal with such problems internally -- remain unaddressed, Grimm said.

The bill allows districts to opt out of training if they can give the state Department of Education a reason. However, if a district opts out, it could open itself up to significant liability, said Gatto, adding that individual teachers would be responsible for getting the training, which would be needed for teaching in California.

Tom Torlakson, the state superintendent of public instruction, supports the bill and praised the newspaper reporting that prompted it.

"Even as changing state laws have expanded the number and nature of 'mandatory reporters,' never have they required any accompanying training in these duties," he wrote in a letter of support to Gatto. That lack of training, Torlakson said, "does a disservice to both school employees and to the children these laws are meant to protect."